[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Notices]
[Pages 8523-8524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4421]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-504]


Porcelain-On-Steel Cookware From Mexico: Initiation and 
Preliminary Results of Changed-Circumstances Antidumping Duty 
Administrative Review and Notice of Intent to Revoke the Order and to 
Rescind Administrative Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Initiation and Preliminary Results of Changed-
Circumstances Antidumping Duty Administrative Review and Notice of 
Intent to Revoke the Order and to Rescind Administrative Reviews.

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SUMMARY: In response to a request from the petitioner, Columbian Home 
Products, LLC, that the Department of Commerce revoke the antidumping 
duty order on porcelain-on-steel cookware from Mexico, we are 
initiating a changed-circumstances administrative review and are 
issuing this notice of preliminary results and intent to revoke the 
antidumping duty order as of December 1, 1995. If these preliminary 
results become final, we intend to rescind the current antidumping duty 
administrative reviews, covering the periods December 1, 1999 through 
November 30, 2000, and December 1, 2000 through November 30, 2001. 
Interested parties are invited to comment on these preliminary results.

EFFECTIVE DATE: February 25, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, 
Office of AD/CVD Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-
4007 and (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:
The Applicable Statute
    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``Department's'') regulations are to the regulations at 19 
CFR Part 351 (April 2001).
Background
    On January 30, 2002, the petitioner, Columbian Home Products, LLC 
(``Columbian''), requested that the Department revoke the antidumping 
duty order on porcelain-on-steel cookware from Mexico as of December 1, 
1995, stating that it no longer has an interest in maintaining this 
order. Columbian is a domestic interested party and is the successor 
company to the petitioner in the less-than-fair-value investigation. 
Columbian stated that it is the only U.S. producer of porcelain-on-
steel cookware, and therefore, it accounts for ``substantially all of 
the production of the domestic like product,'' within the meaning of 
section 782(h)(2) of the Act.
Scope of the Order
    The products covered by this order are porcelain-on-steel cookware, 
including tea kettles, which do not have self-contained electric 
heating elements. All of the foregoing are constructed of steel and are 
enameled or glazed with vitreous glasses. This merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheading 7323.94.00. Kitchenware currently classifiable 
under HTSUS subheading 7323.94.00.30 is not subject to the order. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this proceeding is 
dispositive.
Initiation and Preliminary Results of Changed-Circumstances Review and 
Intent to Revoke Order
    Pursuant to section 751(d)(1) of the Act, the Department may 
revoke, in whole or in part, an antidumping duty order based on a 
review under section 751(b) of the Act (i.e., a changed-circumstances 
review). The Department's regulations at 19 CFR 351.216(d) require the 
Department to conduct a changed-circumstances review in accordance with 
19 CFR 351.221 if it decides that changed circumstances sufficient to 
warrant a

[[Page 8524]]

review exist. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) 
provide that the Department may revoke an order (in whole or in part) 
if it determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order. In addition, in the event that the Department concludes that 
expedited action is warranted, 19 CFR 351.221(c)(3) permits the 
Department to combine the notices of initiation and preliminary 
results.
    The petitioner is a domestic interested party as defined by section 
771(9)(C) of the Act and 19 CFR 351.102(b). Columbian is the only U.S. 
producer of porcelain-on-steel cookware and therefore represents at 
least 85 percent of the domestic production of the domestic like 
product to which this order pertains, and thus accounts for 
``substantially all'' of the production of the domestic like product. 
Therefore, based on the lack of interest by the domestic industry in 
the continued application of the antidumping duty order on porcelain-
on-steel cookware from Mexico, we are initiating this changed-
circumstances review. Because of the on-going and pending 
administrative reviews, we have determined that expedited action is 
warranted, and we are combining the notices of initiation and 
preliminary results. We have preliminarily determined that the 
petitioner's statement of no interest in the continuation of the order 
constitutes changed circumstances sufficient to warrant revocation of 
the order in whole. We are hereby notifying the public of our intent to 
revoke the antidumping duty order on porcelain-on-steel cookware from 
Mexico as of December 1, 1995.
    If these preliminary results become final, we intend to rescind the 
current antidumping duty administrative reviews, covering the periods 
December 1, 1999 through November 30, 2000, and December 1, 2000 
through November 30, 2001.
    If final revocation of the order occurs, we intend to instruct the 
Customs Service to discontinue the suspension of liquidation and to 
refund any estimated antidumping duties collected for all unliquidated 
entries of porcelain-on-steel cookware from Mexico entered, or 
withdrawn from warehouse, for consumption on or after December 1, 1995. 
We will also instruct the Customs Service to pay interest on any 
refunds with respect to the subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after December 1, 1995, in 
accordance with section 778 of the Act. The current requirement for a 
cash deposit of estimated antidumping duties will continue until 
publication of the final results of this changed-circumstances review.
Public Comment
    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in this proceeding are requested 
to submit with the argument (1) a statement of the issue, and (2) a 
brief summary of the argument. Any interested party may request a 
hearing within 10 days of the date of publication of this notice. Any 
hearing, if requested, will be held no later than 21 days after the 
date of publication of this notice, or the first workday thereafter. 
Case briefs may be submitted by interested parties not later than 7 
days after the date of publication of this notice. Rebuttal briefs, 
limited to the issues raised in the case briefs, may be filed not later 
than 12 days after the date of publication of this notice. All written 
comments shall be submitted in accordance with 19 CFR 351.303 and shall 
be served on all interested parties on the Department's service list in 
accordance with 19 CFR 351.303. Persons interested in attending the 
hearing should contact the Department for the date and time of the 
hearing. The Department will publish the final results of this changed-
circumstances review, including the results of its analysis of issues 
raised in any written comments.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 
351.222.

    February 14, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-4421 Filed 2-22-02; 8:45 am]
BILLING CODE 3510-DS-S